Advance file photoThe resident discount for the Verrazano-Narrows Bridge toll could be eliminated if a federal court weighing the constitutionality of a similar discount offered upstate sets a legal precedent.STATEN ISLAND, N.Y. -- Hoping to protect local residency discounts for Staten Islanders crossing the borough's four bridges, Rep. Michael McMahon has introduced legislation in Congress that he says is only fair to motorists who live here.

The Residential and Commuter Toll Fairness Act of 2009 protects toll and fare discounts based on residential status here and around the country. It comes in response to a recent 2nd Circuit Court of Appeals decision to hear a case claiming that toll discounts for residents in Grand Island, N.Y., near Buffalo, are unconstitutional and discriminatory against other New Yorkers.

“Studies consistently show that Staten Islanders have the longest and most costly commutes in the nation,” said McMahon, who has called the suit ridiculous. “The Verrazano Bridge’s toll is now $11 -- the highest toll for any bridge in the U.S. Staten Islanders have a greater overall toll burden than any other county, so the claim that we are somehow getting an advantage over other travelers because of the resident toll discount is utterly preposterous.”

The Grand Island case, Selevan v. New York Thruway Authority, initially was dismissed by the Northern District Court for failure to state a claim on which relief could be granted, but that court will now handle the case.

Second Circuit Judge Jose A. Cabranes stated that the New York Thruway Authority “may not impose on users of the bridge a burden that is not commensurate with the benefit that it confers, and it may not discriminate against interstate commerce." Judge Cabranes also decided the case could move forward on the plaintiff’s claims under the Privileges and Immunities and Equal Protection Clauses of the 14th Amendment.

“My bill provides express congressional authorization for these discounts and makes clear that these toll discounts are constitutional, fair and necessary to help alleviate the heavy toll burdens paid by so many commuters in my district," McMahon said.

Staten Island residents currently pay $5.48 with E-ZPass, and $2.56 with a carpool ticket. The cash toll for non-residents is $11, and the non-resident E-ZPass toll is $9.14.

Similar lawsuits have been brought in Rhode Island and Massachusetts. The Selevan ruling, though, will be particularly important here, as the precedent it sets could apply nationwide.